KB-2023-003302 - [2025] EWHC 1628 (KB)

The parties agreed that terms should be implied into the agreement as to how the Adjudication Panel and the Appeal Panel should exercise their powers.

The Particulars of Claim stated that the implied terms were, in essence, that the Defendant must exercise its powers (1) rationally (in the sense in which that expression is used in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223) and (2) fairly (i.e. in accordance with natural justice). The Defence admitted the former implied term but not the latter. Helpfully, in the hearing before me, Ms Mauladad KC expressly accepted, on behalf of the Defendant, that it was an implied term that the Defendant should exercise its powers in accordance with natural justice.